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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 11-22-2005, 02:20 PM
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Florida - Illegal Search?


What is the name of your state? Florida

The scenario as I understand - An individual is arrested in a motel room after drug paraphernalia is found in her purse.
The officers knocked on the door, when the door opened they entered the room. The occupant (not the registered guest) informed the officers that the room was not hers and that they could not search without the permission of the registered guest. The officers continued their search including the purse of the non registered occupant, all the while being told they needed to leave and obtain the permission of the registered guest.
My question is is this an illegal search?

Last edited by jlaustintx; 11-22-2005 at 02:23 PM. Reason: Addition of specific question
  #2  
Old 11-22-2005, 02:48 PM
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If that's all there is to the story, the search is illegal, and the evidence will be suppressed. If there's more to the story, the results will depend on the rest of it.
  #3  
Old 11-23-2005, 12:25 AM
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why were the police at the room in the first place? since the room is not yours, you have no right to tell the officers they can't search the room. The officers can search your purse for their safety before you leave.
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Old 11-23-2005, 02:38 AM
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I would have inquired with thge desk and when we were told that the unwelcome guest was not the registered guest, they would be detained, identified, and then asked to depart.

Whether they could search in this instance or not depends on a variety of factors we are not privy to.

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  #5  
Old 11-23-2005, 05:48 PM
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Good information folks, I appreciate your input.

I have no more information than what I posted.

Why were the officers at that location appears to be known only by them. The owner / desk clerk was not informed of their presence on the property. I found this out when I asked him for 24hrs to remove the car that was left behind.

Last edited by jlaustintx; 11-23-2005 at 05:49 PM. Reason: typo
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